Loading...
HomeMy WebLinkAboutminutes.council.19761227Councilwoman Pedersen moved to adopt Ordinance ~84, Series of 1975, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. MINIMUM STREAM FLOWS Minimum City Attorney Stuller submitted a memorandum to Council on stream flows, stream flows Councilman Parry moved to go for all the stream flows; seconded by Councilman Wishart. All in favor, motion carried. Councilwoman Pedersen moved to adjourn at 11:40 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. Hauter, City Clerk Regular Meeting Aspen City Council December 27, 1976 JOINT MEETING WITH COUNTY COMMISSIONERS Mayo~ Standley called the joint meeting to order at 5:15 p.m. with Councilmembers Behrend , Johnston, Parry, Pedersen', City Manager Mahoney, City Attorney Stuller, Commissioners Edwards, Shellman, and Kinsley present. 1. Hunter Creek Diversion Moratorium Letter of Support. Councilman Behrendt moved to draft a joint resolution in support of the Hunter Creek Diversion Moratorium; seconded by Councilwoman Pedersen. All in favor, motion carried. Hunter Creek Diversion 2. Joint Resolution of Commendation for the Centennial/Bicentennial Committee. Councilwoman Johnston moved to read the joint resolution; seconded by Councilwoman Pedersen. All in favor, motion carried. Centennial/ Bicentennial JOINT RESOLUTION commendation OF THE CITY OF ASPEN AND COUNTY OF PITKIN, STATE OF COLORADO Concerning the observance by the community of Colorado's Centennial/ B~centennial, and recognizing the efforts of certain individuals in connection therewith. WHEREAS, 1976 was the one-hundredth anniversary of Colorado's statehood, and the two-hundredth anniversary of the founding of the United States of America, and WHEREAS, the residents of the City of Aspen and the County of Pitkin participated in the observance and celebration of the Centennial/Bicentennial, and, WHEREAS, certain citizens are found by the City Council of the City of Aspen, and the Board of County Commissioners of the County of Pitkin, to have worked selflessly to make substantial and significant contributions to the area's Centennial/Bicentennial. NOW, THEREFORE BE IT RESOLVED that ~he following named citizens be, and hereby are, commended for their service to the community during Colorado's Centennial/Bicentennial year, and in recognition of the work they performed the governments of this region, on behalf of the people they represent, extend to the citizens their thanks and appreciation. Mary Martin, Roddy Burdine, Dick Knecht, Linda McCausland, Kate Rivers, Lyn Clark, Ramona Markalunas. Councilwoman Pedersen moved to approve the joint resolution; seconded by Councilman Behrendt. All in favor, motion carried. 3. Cemetery Lane. Commissioner Edwards requested an insertion in the improvements agreement on the first page, third line from the bottion, after the work "remove", inser~ "from the barrow ditch". Council agreed. Cemetery Lane Councilwoman Pedersen moved to authorize Mayor Standley to execute the agreement; Improvement ~ seconded by Councilman Behrendt. All in favor, motion carried. Agreement 4. A-95 Reviews. (a) Pitkin County Public Works Project. Councilwoman Johnston stated that this gran5 has already been turned down by the EDA. County Manager George Ochs said there had been 12 million dollars for the state of colorado; 9.5 million went to Pitkin County the City and County of Denver. Ochs stated that 2 billion dollars had been proposed Public works for 1977, and suggested this grant be left ~n and could carry through to next year. Commissioner Shellman moved to make a favorable comment on this application; seconded by Councilwoman Johnston. All in favor, motion carried. (b) Aspen Metro and Snowmass Sanitation District Improvement of Facilities. Mayor Standley told the Boards that the alternate, land treatment, would need 479 acres and approximately 20 years. Kane explained that new water quality s~andards outli~dremoval Sanitation of wastes at the plant. Land treatment is much more cost effective; however, two things Districts are required, right by Salvation Ditch company to use the ditch as a carrisr, and 479 Improvement acres of land that would be deed restrictive to be used to absorb the effluent. The of facilities ~ecemDer z/, I~Z5 EPA has recognized that plant treatment capacity will need to be expanded for peak days. Kane told the Boards that Wright-McLaughlin did the engineering study for land treatment under two assumptions; (1) the land would be available at no cost, and (2) the land will give a better yield per acre, and any farmer would jump at this chance. These did not work out. The EPA will support an in-plant treatment, with land treatment as an add-on feature. Commissioner Shellman suggested inviting somone from Wright-McLaughlin and someone from the EPA to discuss this problem and the solutions. Councilwoman Pedersen moved to table this item until January 10, 1977; seconded by Commissioner Shellman. All in favor, motion carried. 5. Maroon Creek Road Opening. Mayor Standley said that this had been discussed with Forest Service, Tom Bell, and asked the Commissioners how they felt. Commissioner Kinsley said this shouldn't be done. Right now there is a lot of snow on the road. If the County plowed and graveled it, this would eliminate cross country skiing and snowmobiling. Kinsley stated he was not sure this would serve a big purpose. Kinsley stated there are Maroon Creek other places to go ice skating than Maroon Lake. road open Commissioner Edwards pointed ou~ people can drive up to Lenado, Independence, Ashcroft for skating and cross country skiing. Edwards stated he would rather leave Maroon Creek road alone. Councilman Wishart came into Council Chambers. COUNCIL MEETING MINUTES There were none. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston extended her gratitude to the police department, dispatchers, and animal wardens for an emergency call over the weekend. Their action was very gratifying. 2. Councilwoman Johnston stated she had some problems about the City not looking very clean. City Manager Mahoney told Council that the CETA employees would be picking things up. 3. Councilman Parry told Council that Ted Armstrong is working on the proper~y adjacent to Iselin park. Armstrong needs Council's support to go after grants to meet funds to purchase this property, 8 or 9 acres. Armstrong is negotiating now and needs permission of Council on record so that he can write the letter this month. Councilman Behrendt moved to authorize Ted Armstrong to continue working on the acquisitic of land next to Iselin park, to be funded through Federal grants; seconded by Councilman Parry. All in favor, motion carried. 4. Councilman Parry reminded Council he had asked Art Hougland to investigate getting Alleys lights in the alleys, as after the undergrounding program these alleys are very dark. lighting Hougland answered he was getting addresses of building to put lights on temporarily until next spring. 5. Councilman Parry asked if there was some way the City might be able to get lights at the intersection of the high school and Maroon Creek road. There is a lot of =raffic out there. Mayor Standley suggested that Councilman Parry attend a school board meeting; Lights at if the school board needs help, the City will help them. Councilman Behrendt pointed out intersection that the City has a surplus of lights they could use, if they will put them up. school 6. Councilman Parry stated that many people had contacted him about the Christmas decorations. Councilman Parry said that many people felt the banners were ugly and out Christmas of place. Perhaps City Manager Mahoney could start working on some different decorations decorations for next year. Mayor Standley said he would like to commend the quality of the Christmas decorations rather than castigate them. 7. Councilwoman Pedersen said when the City put a new top on Francis street it changed the angle of the street so that it slopes towards the houses on the north side. This should be watched. 8. Councilwoman Pedersen pointed out to Council that the playground east of Wagner Park is getting a lot of use, by both children and adults. 9. Councilwoman Pedersen stated the Institute is very busy, redoing the road with grading, etc., and asked if a building permit were necessary. This is a new road. Institute City Attorney Stuller stated the Institute should have obtained an excavation permit. Planning Directed Kane said they area will have to be replatted, if this is a new road. Ms. Stuller stated the Institute should get a building permit for the fences, etc. Mayor Standley directed the administration to check this out, find out what is going on, and write a memorandum to Council. 10. Mayor Standley said, on the City Attorney applications, he would close them soon, circulate the applications to Council. Each member will select the top five; interviews will be se= up with the top five of those. Council asked that City Attorney Stuller also see the application. 11. Mayor Standley requested additions to the agenda. (1) Work session on the Hotel Jerome. This was set up fOr Monday, January 3 at ~:30 p.m., and will be to go through ideas on how to start work remodelling the Jerome. (2) Mars subdivision exemption - Hotel Mayor Standley told Council they had agreed to everything, and there is no problem. Jerome Councilman Behrendt moved to put Mars Subdivision Exemption on the agenda; seconded by Councilman Parry. All in favor, with the exception of Councilwoman Johnston. Motion carried. 12. Mayor Standley told Council that the Ski Corp had contacted him; the Ski Corp is looking at purchasing a snow making machine. The question is would the City supply them with water on a 10 year contract so they can investigate a snow making machine for Little Nell. Ski Corp - request for Councilman Behrendt moved to add this to the agenda; seconded by Councilman Parry. All water/snow in favor, motion carried, making machine STUDENT COMMENTS There were none. LIQUOR LICENSE RENEWALS Tom Dunlop, Sanitarian, told Council that the Aspen Inn Club was still in the same position they were two weeks ago; they have not complied with his requests and are pend- ing final inspection. City Clerk Hauter told Council that the Aspen Inn Club was operating illegally; there were two separate leases, one for the Inn Club and one for Aspen Inn Club the Arya, and that the Arya did not have an acceptable management contract. This problem liquor license had been discussed with the state liquor inspector, city clerk, and Danny Wardwell. So renewal - denied far, no paperwork or sOlution had been presented. Councilman Behrendt moved to deny the request for reneWal by the Aspen Inn Club as they do not have an acceptable management contract, nor acceptable lease, as directed by the state liquor inspector, and not to approve the license until these have been corrected; and that the Aspen Inn Club has not met health standards, which conditions have been existing since August; and not to address this until the next official Council meeting; seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Wishart moved to approve renewals for the Hotel Jerome; Crossroads, A1 Aban, the Shaft, Plum Tree Inn, and Don Giovanni's; seconded by Councilman Behrendt. Councilwoman Pedersen said she had the feeling that the Plum Tree and Pomegranate were duplicating facilities, i.e. bar, restaurant, lodge, and it was advantageous to fill up the Pomegranate first. They are run by the same group. Councilman Behrendt stated he had the same feelings. Mayor Standley suggested that Council get together With the lessee and discusS this. SKI CORPORATION - Request for water contract Mayor Standley told Council that the Ski Corp had tried snow making in 1968 with an air- water system, which is very noisy. The new sYstem is airless; it franctionalizes water. Mayor Standley pointed out that Keystone, Copper Mountain, Vail, Winter Park, and Lake Ski Corp - Eldora all use snow making machines. Aspen ought to be looking at something like that. request for The problem is that snow making devices use a lot of water. The water is used at night, water when the City's system has excess capacity. Mayor Standley stated he did not know if the systems could use untreated water or not. It is Mayor Standley's feeling that the City and Ski Corp should be working closely on this. It is worth entertaining discussions wit the Ski Corp, and to move ahead. Councilman Behrendt moved to grant the Ski Corp encouragement to investigate a snow making machine; seconded by Councilman Parry. Councilman Behrendt asked if this would be a strong reinforcement to any kind of water rights the CitY might have. Councilwoman Johnston said she had some concerns because of the City's water supply. The present condition might be a drought of several years and our water supply will be hazarded. Water is the City's most precious commodity. Mayor Standley said he would have the City's water attorney, John Musick, and City Manager Mahoney address these quastions. Councilwoman Pedersen stated that the City's primary liability is to the people that live here and are existing on the water system. Councilmembers Parry, Behrendt, Wishart, Mayor Standley in favor; Councilmembers Johnston and Pedersen opposed. Motion carried. PLUM TREE INN Graham Loving and his manager, Eric Erenstrasse, were present. Councilwoman Pedersen stated her major comments was that she wanted to make sure that Manager Mahoney and Plum Tree Inn Finance Director Butterbaugh watch the revenues from the Plum Tree Inn very closely. Councilwoman Pedersen said she was very hesitant about a dual corporation. Loving told accounting Council that the Plum Tree and Pomegranate did not have any common shareholders, although procedure Erenstrasse will be the general manager of both organizations. Erenstrasse told Council that the reservations for the Plum Tree were located at the Plum Tree. Loving stated they had spent a lot of money on refurbishing the rooms at the Plum Tree, and would like to put a lot of business there. EXEMPTION FROM SUBDIVISION - Slavens Hal Clark, planning office, showed Council how this property would be divided. Lot Subdivision S is already developed, leaving Q and R for separately developable lots under R/MF zoning exemption - Slavens This will make a non-conforming lot; the Slavens were granted a variance from the Board of Adjustment for the non-conforming lot. The planning office endorses this exemption because they cannot see that it creates an additional land use impact. Councilman Behrendt moved to grant the exemption from subdivision to Slavens; seconded by seconded by Councilman Wishart. All in favor, motion carried. Clark stated the the dedication fees were not exempted, and would have to be paid at a later date on the development of lots Q and R. EXEMPTION FROM SUBDIVISION - Mars Hal Clark told Council this is a request for condominiumization for an existing duplex Subdivision located on lots 16, 17, 18, 19, and 20, block 99, Hallam addition. The planning office exemption - recommends approval of condominiumization and exemption from subdivision subject to six Mars month lease restriction. Councilman Parry moved to approve the subdivision exemption; seconded by Councilman Behrendt. All in favor, motion carried. GOLF COURSE DEVELOPMENT Mayor Standley reminded Council that at the last meeting there had been a presentation and analysis' of the golf course property. Armstrong was to make a recommendation for action; Golf Course however, Armstrong could not make the meeting. Councilwoman Pedersen moved to table this item; seconded by Councilwoman Johnston. All in favor, motion carried. PARK CENTRAL WEST CONDOMINIUMS - Conceptual Subdivision Clark told Council that this project had previous approval at the preliminary stage for an office building. The office subdivision plat is pending' final approval. The Park Central West - applicant, Dick Meeker, has submitted a revised application for a multi-family project conceputal of 9 one-bedroom units and 3 studios, and very small office space on the first floor. subdivision These units will be subject to the six month leasing requirements; there will be 15 parking spaces as shown on the plat. P & Z has given their approval. The planning office change to r/mf also recommends approval of this project as multi-family instead of an office project. C~uncilman Behrendt objected to the design of the multi-family building. Meeker said that if the Council gave approval for multi-family, the design will be changed and have more angles. Councilwoman Johnston asked for the square footage comparisons. Meeker said he was stillop~ating under R-6 bulk requirements; this will be a three-story building. Meeker told Council he did not contemplate these being luxury units, but rather moderate units. Meeker also told Council he would make his final decision on the market come April. Nicholson told Council the office building has approximately 15,000 square feet as compared ko 12,000 square feet for the multi-family building. Councilman Parry moved to approve conceptual subdivision for Park Central West; seconded by Councilman Wishart. Councilman Behrendt stated he did not like the footprint and would like to see it altered. Councilmembers Wishart, Pedersen, Parry, and Mayor Standley in favor; Councilmembers Behrendt and Johnston opposed. Motion carried. ORDINANCE 476, SERIES OF 1976 - Annexation Pitkin Mesa - Dittmar Mayor Standley opened the public hearing. This ordinance will not go to second reading as the paper work is no~ done. Mayor Standley closed the public hearing. Ord. 76, Dittmar ORDINANCE 482, SERIES OF 1976 - Leasing Trucks Ord. 82 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Leasing trucks -~ Councilwoman Pedersen moved to read Ordinance ~82, Series of 1976; seconded by Council- man Behrendt. All in favor, motion carried. ORDINANCE #82 (Series of 1976) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF SIX VEHICLE LEASING AGREEMENTS BETWEEN THE CITY OF ASPEN AND DICK WHEELER, INC.; WHICH LEASES ARE EACH FOR A TERM OF 24 MONTHS AND ?ROVIDE FOR MONTHLY RENTAL PAYMENTS (IDENTIFIED BY VEHICLE NUMBER) AS FOLLOWS: (1) T-229, $141.90, (2) T-256, $167.98, (3) T-240, S133.00, (4) T-242, S136.00 (5) T-241, $155~10, (6) T-243, s137.70 was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~82, Series of 1976, on second reading; seconded by Councilman Wishart. Roll Call vo~e; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, nay; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE 484, SERIES OF 1976 - Appropriation Ordinance Ord. 84 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Appropria- tions Councilwoman Pedersen moved to read Ordinance #84, Series of 1976; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE =84 (Series of 1976) AN ORDINANCE RECOGNIZING UNANTICIPATED REVENUES IN THE AMOUNT OF $511,399 FOR THE FISCAL YEAR 1976; APPROPRIATING $348,117 OF SUCH REVENUES TO THE GENERAL OPERATIONS, OPEN SPACE, TRANSPORTATION, WATER ELECTRIC, AND POLICE PENSION FUNDS; AND LEAVING UNAPPROPRIATED SURPLUS REVENUES IN THE AMOUNT OF $406,757 was read by the city clerk. ~ Councilwoman Pedersen moved to adopt Ordinance ~84, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pederser aye; Behrendt, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Transportation Report. Jim Furniss, Director of transportation, told Council he felt he had a good organization shaping up. Furniss has made minor changes in the routes and some policy changes. There is a bus route from Mountain Valley to Highlands; the Transportation Mountain Valley loop as part of the Silverking route had been eliminated. There is a skier's shuttle, parking shuttle. The ridership on this route has been limited. The report ridership for December 1976 was 27,300; the ridership for December 1975 was 25,700. Councilman Behrendt told Furniss that Council had found the monthly reports on bus rider- ship and cost figures very valuable. Furniss told Council that the average daily rider- ship in December was 880 persons per day. Furniss reported to Council that drivers have a sign off sheet every day, and the mechanics go over the buses every day. Duane Fengel, mechanic, told Council that the buses are holding up beautifully. The City is working well with Elder/Quinn & McGill, and they are paying for our mechanics work on the buses. Councilwoman Johnston stated that the UMTA people were amazed that the City could run a free bus system of this kind. Furniss told Council that promotional efforts ~o date had been word of mouth. There are printed schedules distributed in lodges, the Chamber, City Hall, and the buses. Councilman Behrendt pointed out that the City had invested heavily in the bus system in terms of variable Costs. Councilman Behrendt said in February the City should stop and look at cost per passenger, cost per mile. If the ridership isn't there by February, then the system should be re-evaluated. Mayor Standley stated the justification would be the bottom line. Mayor Standley also asked that the ridership for lodges past the high school route be looked at to see if a run past the high school was justified. ~ 2. Work Session. City Manager Mahoney requested a work session to discuss how 5he City should react to the drought. Mayor Standley directed Mahoney to have a plan and figures for this work session. The session was scheduled for December~ 29, 1976, at 5 p.m ORDINANCE #85, SERIES OF 1976 Rental Restrictions in R/Mf, O, and C-1 Districts Councilwoman Johnston stated she could not discern whether this was either six months or two short ~erms~from the ordinance. City Attorney Stuller stated Council had directed Ord. 85 rentals should be restricted to 1 six-month rentals and two short terms in one calendar Rental year. Councilman Behrendt asked how this would be enforced, and why are single family restrictions and duplexes exempted. Kane explained that P & Z exempted single family and duplex R/MF, ©, C-1 because these zone districts deal with multi-family structures. If someone wants to build a single family dwelling in an m/f district, they would be exempted. Councilman Behrendt stated he would like to see rental restrictions be more comprehensive, be city- wide. Kane told Council they should direct the P & Z to go for other districts, but to adopt this ordinance as a start. Councilwoman Pedersen said her concern was this ordinance might be precluding renting of units ~o M.A.A. students in the summer. Ms. Stuller answered that the R-6 and R-15 zone districts should absorb this. Mayor Standley said he would like a definition of short term. For purposes of this ordinance, short term is defined as being not more than 15 days. Councilman Wishart moved to read Ordinance ~85, Series of 1976, as amended to include a definition of short term as 15 days; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #85 (Series of 1976) AN ORDINANCE AMENDING THE ASPEN ZONING CODE BY THE ADDITION OF A SUPPLEMENTARY REGULATION RESTRICTING THE RENTAL OF MULTI-FAMILY UNITS WITHIN THE R/MF, O AND C-1 DISTRICT TO PERIODS OF NOT LESS THAN SIX SUCCESSIVE .MONTHS (OR, IN THE LATERNATIVE, NOT MORE THAN TWICE FOR SHORT~TERM'PERIODS WITHIN ANY CALENDAR YEAR); EXCEPTING SINGLE FAMILY OR DUPLEX STRUCTURES, AND LIMITING THE APPLICATION OF THIS REGULATION TO MULTI-FAMILY UNITS CONSTRUCTED (OR CONDOMINIUMIZED~ SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE was read by the city clerk. Councilwoman Johnston moved ~o adopt Ordinance #85, Series of 1976, as amended; seconded by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry aye; Johnston, aye; Behrendt, nay; Mayor Standley, aye. Motion carried. ORDINANCE #86, SERIES OF 1976 - Fire Alarms. This ordinance is to bring ~n visual fire alarms along with sprinkling system. Ord. 86 Councilwoman Pedersen moved to read Ordinance ~86, Series of 1976; seconded by Council- Fire alarms woman Johnston. All in favor, motion carried. ORDINkNCE ~86 (Series of 1976) AN ORDINANCE AMENDING THE UNIFORM BUILDING AND UNIFORM FIRE CODES SO AS TO REQUIRE THE USE OF BOTH AUDIO AND VISUAL ALARMS WHERE SUCH CODES PRESENTLY REQUIRE THE INSTALLATION OF ONLY AN AUDIBLE ALARM; EXEMPTION "I" OCCUPANCIES AND "H" OCCUPANCIES (WITH FEWEH THAN 15 APARTMENTS OR FEWER THAN 20 GUEST ROOMS); SETTING STANDARDS AS TO LIGHTS TO BE USED~ THEIR PLACEMENT, AS WELL AS PROPER SIGNING; AND FINALLY, REQUIRING PRESENTLY INSTALLED SYSTEMS TO BE BROUGHT INTO CONFORMANCE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ORDINANCE was read by the city clerk. Councilwoman Pedersen asked why 15 apartments or 20 guest rooms were exempted. Fire Marshall Art Hougland answered that he had followed the guidelines set up by the state fire code, and this is where the break is. Councilwoman Pedersen said she would like to see this lowered. Councilman Wishart moved to adopt Ordinance ~86, Series of 1976, on first reading; seconde by Councilwoman Pedersen. Councilwoman Pedersen said she would really.like to see the exemptions dropped or lowered. Mayor Standley agreed, pointing out many structures are multi-storied or difficult to get out of. Hougland stated he would investigate the problems in town. Hougland explained to Councill~this system would cost very little; it is simply a matter of running conduit and putting a light above the alarm. Roll call vote; Councilmembers Behrendt, nay; Johnston, nay; Parry, nay; Pedersen, Ray; Wishart, nay; Mayor Standley, nay. Motion NOT carried. Mayor Standley asked Hougland to write an ordinance on emergency lighting in subterranean commercial structures for the next meeting. ORDINANCE ~87, SERIES OF 1976 - Dog Control This ordinanace is a result of recommendations presented by Bill Grikis, Humane Office, to Council from a work session with citizens in the community. Ord. 87, Dog control Councilwoman Pedersen moved to read Ordinance ~87, Series of 1976; seconded by Councilman tabled Wishart. All in favor, motion carried. ~RDINANCE ~87 (Series of 1976) AN ORDINANCE MAKING VARIOUS CHANGES TO THE PROVISIONS OF THE MUNICIPAL CODE CONCERNING ANIMALS; MORE SPECIFICALLY, PROVIDING THAT OWNERS MUST REMOVE EXCRETA LEFT BY THEIR ANIMALS; ESTABLISHING A PENALTY ASSESSMENT OF $20.00 FOR THE FIRST AND SECOND OFFENSE (WHEN CONCERNING DOGS) AND INCREASING THE ASSESSMENT BY $20..00 FOR EACH ADDITIONAL OFFENSE: AMENDING THE CODE BY PROHIBITING THE HITCHING OF ANIMALS WITHIN OR UPON PUBLIC PROPERTY (EXCEPT IN DESIGNATED AREAS) AND FURTHER PROHIBITING HITCHING ON PRIVATE PROPERTY SUCH AS TO PERMIT THE ANIMAL ACCESS TO ANY PUBLIC PROPERTY AND TO INTERFERE WITH TRAFFIC OR SO AS TO EXPOSE THE PUBLIC TO AN UNSUPERVISED ANIMAL; AND, FINALLY, IMPOSING A PENALTY OF $10,00 FOR THE ILLEGAL HITCHING OF DOGS was read by the city clerk. Mayor Standley asked what the reaction to increasing the penalty assessment for excreta was. Grikis answered it was difficult to know. The humane officers don't know how many citizens would be involved. Grikis stated he envisioned enforcing it if they happen to run across it. Mayor Standley stated he felt $20 was an adequate punishment and should remain set at that figure. Councilwoman Pedersen moved to adopt Ordinance ~87, Series of 1976, on first reading as amended dropping the escalation of assessment; seconded by Councilwoman Johnston. City Attorney Stuller pointed out that the way this ordinance is written, it will apply to dogs, cats, horses, etc. Ms. Stuller stated that dogs were singled out in the parenthesis because there are fines for dogs, and penalty assessmen~ has to be set for other animals. Grikis stated he did not see this ordinance affecting animals except horses. Councilman Parry pointed out then, that the City would have to cover the whole downtown area if horses were included. Councilman Behrendt agreed, stating it was his intention that this be a dog ordinance to s~op the dog problem. Councilman Behrendt said he did not see horses as a problem. Councilwoman Johnston agreed. Councilman Behrendt moved to table Ordinance #87, Series of 1976; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #88, SERIES OF 1976 - Air Pollution Control Councilwoman Pedersen moved to read Ordinance ~88, Series of 1976; seconded by Councilman Ord. 88 Wishart. All in favor, motion carried. ~ Air polluti~ ORDINANCE ~88 control (Series of 1976) AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE BY THE ADDITION OF SECTION 3708 THERETO LIMITING THE NUMBER OF FIREPLACES CONSTRUCTED AND ESTABLISHING DESIGN CRiTERIA.WITH RESPECT THERETO; FURTHER ESTABLISHING MINIMUM ~R QUALITY STANDARDS FOR THE CITY AS WELL AS CONCENTRATIONS THAT WILL PRECIPITATE "ADVISORY", "CAUTION" AND "ALERT" STATUS; AUTHORIZING THE DEPARTMENT OF ENVIRONMENTAL HEALTH TO PR©MULGATE FIREPLACE AND AUTO- MOBILE REGULATIONS WHEN AN "ALERT" IS DECLARED' NAD PROVIDING FOR AN APPEAL TO THE CITY COUNCIL FROM APPLICATION OF ANY REGULATION PROMULGATED was read by the city clerk. Councilwoman Pedersen moved to adop5 Ordinance ~88, Series of 1976, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Wishart, aye; Johnston, aye; Pedersen, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #89, SERIES OF 1976 - Mandatory Mail Boxes Councilman Behrendt moved to read Ordinance ~89, Series of 1976; seconded by Councilman Wishart. Ord. 89 Mandatory Councilman Wishart asked why Council was doing this. Councilman Behrendt ~emlnded Mail boxes Council they had raised hell to get home delivery in this area. One of the problems wit~ home delivery is that apartment houses won't put in mail boxes. This would force apartmen5 houses to put in mail boxes. If the City wants house-to-house delivery, this will help to effectuate it. Councilman Parry pointed out this also would'help auto disincentive~ All in favor, with the exception of Councilwoman Pedersen. Motion carried. ORDINANCE a89 (Series of 1976) AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE BY THE ADDITION OF A REQUIREMENT THAT NO MULTI-FAMILY STRUCTURES SHALL BE CONSTRUCTED WITHOUT TEE INSTALLATION OF MAIL BOXES SUFFICIENT TO SERVICE ALL ANTICIPATED RESIDENTS WITH HOME DELIVERY was read by the city clerk. Councilman Behrendt moved to adop~ Ordinance ~89, Series of 1976, on first reading; seconded by Councilman Parry. Roll Call vote; Councilmembers Parry, aye; Johnston, aye; Pedersen, nay; Wishart, nay; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~90, SERIES OF 1976 Rezoning Heller Annexation Councilwoman Pedersen moved to read Ordinance ~90, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. Ord. 90 Rezoning ORDINANCE ~90 Heller (Series of 1976) AN ORDINANCE REZONINH LOT 2, BLOCK 2~ OF THE PITKIN MESA SUBDIVISION TO R-15 WHICH REZONING IS REQUIRED BY REASON OF THE RECENT ANNEXATION OF SAID LOT 2 TO THE CITY OF ASPEN was read by the city clerk. Councilman Parry moved to adopt Ordinance #90, Series of 1976, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Johnston aye; Parry, aye; Wishart, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. EXEMPTION FROM SUBDIVISON Heller Duplex Councilwoman Pedersen moved to approve the exemption subjec~ ~o the recommendations of the planning office; seconded by Councilman Wishart. All in favor, motion carried. Subdivision exemption ORDINANCE #91, SERIES OF 1976 - CETA Appropriations Heller City Attorney Stuller explained that this ordinance is recognizing CETA funds. The City does have operating revenues to cover this program. The City will get the funds in 1977. Ord. 91 CETA approp. Councilwoman Pedersen moved not to consider any further action on Ordinance ~91, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. RIDGE OF RED MOUNTAIN AGREEMENT City Attorney Stuller told Council that Henshaw wants his money as soon as he can get it. Henshaw also wants a requirement on the City's part, which is covered in paragraph 6 of Ridge of Red the agreement. Mt. Agreement Councilman Wishart moved to authorize Mayor Standley to execute the agreement with the amendment; seconded by Councilwoman Pedersen. Councilwoman Johnston asked if the City had that much revenue available. City Manager Mahoney explained this would come out of water bonds or water revenues, whichever came first. All in favor, motion carried. MAYOR'S DEED - Aspen Historical Society ~. Councilwoman Pedersen moved ~ execute the Mayor's deed for the Aspen Historical Society; seconded by Councilman Wishart. All in favor, motion carried. Mayor's Deed Historical Society 214i Regular Meeting Aspen City Council December 27, 1976 MORATORIUM Mayor Standley stated that it seems that the Council is trying to insure that the growth management plan (1) would be enacted and would be useful, and not after the fact, and (2) that it will require some expansion to include commercial as well as residential areas within the plan. City Attorney Stuller submitted a memorandum on how to go about this. Building Council received a letter from the Aspen Metro Sanitation District, whose board unanimousl~ moratorium approved the following resolution, "The Aspen MetroL District Board of Directors support effect the the City of Aspen's slx month building moratorium on new construction because of potential Growth overloading of the Aspen Metro's sewer plant." Management plan in ~{ayor Standley asked if, Ks the articulation of the problem, as he stated, really the City concerns of the Council. If so, does the plan given by the City Attorney meet those concerns. Councilman Behrendt said this plans seems to be directed only towards short- term units and does not direct itself to office, commercial, S/C/I. These are not addressed. Mayor Standley answered that he had stated that the growth management plan had to be modified to be more inclusive to cover other than just residential development. City Attorney Stuller pointed out that if the comprehensive plan is amended to include other zone districts, then Council should get that to P & Z and get it in recommendation form. Councilwoman Johnston asked what stops does the City have right now to prohibit any building. Ms. Stuller had outlined this in the memorandum. Council does not like to code and wants a total stop on everything until Council can rezone or re-master plan the entire City. Council has to articulate what they are trying to achieve before the City Attorney can offer a better solution. Councilwoman Johnston stated she was concerned that the services are not keeping up with growth. There also should be a real concern on Council's part for the whole City, it is a quality place, and is able to offer a quality experience. Air pollution is increasing; traffic congestion is increasing. Bill Kane, Director of planning, stated he felt from Council that ths growth management plan is inadequate right now in its consideration oi retail and office space. Two things have been discussed today that are amendments that can be included in the growth manage- ment plan. (1) Take office district and change it to R/MF. They will then have dwelling units and will be regulated by the growth management plan. (2) The other problem is how to deal with remaining commercial districts. This could be done by setting some kind of ratio. For example, standard PUD designs in residential areas will establish the goal of 40 square feet per capita. This could be done in the growth management plan to insure that commercial expansion does not exceed residential development. These would be ways of dealing with growth through the growth management plan, rather than through a moratori~ Mayor Standley asked how the City insured that there is not subversion of this process before it is implemented. The City wants to make sure tha't the growth management plan is adopted and that it is viable and that it hasn't been subverted and diluted by a rash of building permits being issued. City Attorney Stuller answered that if Council will accept the direction of the growth management plan to address only two types of growth activity, tourist accommodations and new residential starts, it can be adopted in two weeks. Mayor Standley directed_Kane to get going on including the office and commercial districts in the growth management plan immediately; take it to P & Z and get a recommen- dation to Council. City Attorney Stuller told Council that once they had announced a proposed change,.make it public, the Council Ks entitled to apply the document of administrative delay, which is no permits until this Ks discussed. Mayor Standley directed the planning office to move with alacrity and enthusiasm. Councilwoman Pedersen moved that the planning office take the necessary steps to get this to the P & Z and to get the process in the direction of Council adoption with no more than 30 days; seconded by Councilman Wishart. All in favor, motion carried. Councilwoman Pedersen moved to adjourn at 8:25 p.m.; seconded by Councilman Wishart. All in favor, motion carried. Kathryn~. Hauter, City Clerk Regular Meeting Aspen City Council January 10, 1977 Mayor Pro Tem Behrendt called the joint meeting with County Commissioners to order to 5:05 p.m. with Councilmembers De Gregorio, Johnston, Parry~ Wishart, City Manager Mahoney, Commissioners Shellman, Edwards, and Kinsley present. 1. Hunter Creek Diversion Moratorium - Joint Resolution. County Attorney Stuller told Hunter the boards this resolution was on recommendation from Dave Randall and had been written Creek so that both the City and County could sign it and send it ~o various government Diversion representatives. Councilwoman Johnston moved to approve the resolution; seconded by Councilman Wishart. All in favor, motion carried. 2. Planning Office Contract. Planning Director Bill Kane pointed out that the City Planning Manager had felt some conflic~ with the contract giving the planning office authority Office to administer zoning ordinances, and with the Charter delegating that responsibility to Contract the City Manager. Kane added some language to the contract which would specifically